Executorships Gone Bad- How to Save your Will

Posted by on Oct 5, 2011 in asset protection, estate planning, Family Law, Legal News, Probate, tax, Trusts, Wills |

There is more involved in selecting the right executor to execute a will then is commonly thought. The ‘chosen one’ is delegated the responsibility in administering a will through the South Florida probate process, a court process that involves accounting for assets, paying bills, and distributing property according to the decedent’s wishes. Personality is everything. The ideal candidate is someone who is trustworthy and willing to take on a role that demands a high tolerance for rules, formalities, and of course, tedium. This task is not for the faint at heart. The probate process can take years, especially for bigger and more complicated estates. The executor must be mentally prepared to play the middle role in the inevitable situations of disputing heirs. This means, more trips to the courthouse and more legal proceedings.

The ideal executor should also keep up to date with news on tax law and investments.  Monitoring progress and overseeing that everything is done according to plan is no task for amateurs. It is also a good idea to confront the person that’s anticipated to take on the job. That way, the ‘executor to be’ can consider whether he or she will be able to fulfill the role successfully and meet expectations of the ‘decedent to be.’ If there is a conflict of interest, there is still a pool of candidates to choose from. The last thing someone wants is Grandson Bachelor looking like a deer in headlights when he realizes he is now solely responsible for managing and distributing the assets in Granny Smith’s estate when all he can think about is the next Mardi Gras or Oktoberfest. Although family members are usually appointed as executors, it is important to make the selection carefully and wisely; otherwise someone might be turning in their grave. Don’t be the victim of an executorship gone bad.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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Building a Trust- Gran Torino Style

Posted by on Oct 4, 2011 in asset protection, estate planning, Legal News, Trusts, Wills |

At the end of the classic movie Gran Torino, there is a reading of Walt Kowalski’s will, played by Clint Eastwood. He leaves his family shocked when they realize whom he left his house and Ford Gran Torino to. But wouldn’t it be cool to get your hands on the infamous .30 M-1 caliber semi-automatic shoulder rifle or the .45 caliber pistol that he used to intimidate and put those nasty gang members back in their place? Too bad no one mentioned the Gun Trust to Mr. Kowalski.

Many people collect guns for target shooting, hunting, and even for self-defense. Later, they would like to pass them down to their heirs so they can also enjoy such recreational activities or feel safe with an added layer of protection. This is all done through a Gun Trust. This is a special purpose revocable living trust which holds only firearms. Regulations can get complicated though. Considerations involve where the beneficiary lives, the laws of that state, the laws of the state where the items are located, and the eligibility of the beneficiary to be in possession of a weapon. Gun Trusts are created primarily for NFA restricted firearms such as silencers, short-barreled rifles, shotguns, and machine guns.  A state may further restrict regulations.  However, creating this trust can save a lot of time.  A person does not have to worry about obtaining approval from the local Chief Law Enforcement Officer. Also, detailed instructions can be provided regarding the transfer of a gun. The trust must be properly drafted due to the complexities of federal and state law. Improper administration of regulated firearms can result in a criminal conviction and hefty fines.

So whether you’re passing on your highly coveted gun collection to your heirs or that precious gold necklace heirloom Aunt Edna could never stop talking about, it’s important to have a qualified attorney with the necessary experience to effectively ensure the correct disposition of your assets.

For more information on successful Florida estate planning and probate, please contact the South Florida law firmof Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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It’s Rosh Hashanah and the Mark of a New Year

Posted by on Sep 28, 2011 in asset protection, estate planning, Legal News, Probate, Trusts, Wills |

Rosh Hashanah marks the new year of the Jewish calendar and is also called the Day of Remembrance. This is a time where past deeds are remembered and forgiveness sought. As South Florida families gather around merrily in light of celebrating this special holiday and enjoying traditional meals together, the sense of love and unity inspires deep appreciation for each other. As family members sink their teeth into the apples dipped in honey that symbolize a sweet new year filled with abundance and good health, surely the delightful taste inspires gratitude to be alive at the present moment. But what about thoughts of the future?

A really sweet way to start off the new year would be to think about how to protect loved ones. There is no better time than beginning the new year with all your assets in order to ensure the financial security of your family. What a great way to adopt this continuity of life approach to enable your family members to continue celebrating each new year with good blessings and gather together to honor tradition. Through proper estate planning and asset protection, it’s a relief to know that your family will be extricated from the legal knots that can result from inadequate or worse yet, lack of such future planning. Whether it be through a Revocable or Irrevocable Trust or a Last Will & Testament, there are various options to guarantee that your family is in good, safe hands. As you welcome this new year with sweetness and abundance, think of your loved ones and how you can make sure they continue to warmly embrace each new year with deep reflections, love, hope, and positivity.

For more information on successful Florida estate planning and probate, please contact the South Florida law firmof Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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A Tattoo to Fulfill Grandma’s Health Wish

Posted by on Sep 26, 2011 in Legal News, Wills |

Have you heard the story of the 81-year- old grandmother from Norfolk, England who has the words “Do Not Resuscitate” tattooed across her chest in big blue capital letters? She may have fared better visiting a South Florida Estate Planning Attorney but to make sure her wishes are fulfilled in the event paramedics find her face down, she even has “PTO” and an arrow inked on her back.  Joy Tomkins claims, “I don’t want to lie for hours, months or even years before dying. I do not want to end up as a vegetable. I don’t want my family to remember me as a lump. That is why I got the tattoo.” She emphasizes that, “I don’t have a death wish I just don’t want to be kept alive in pain.” However, a General Medical Council spokesman maintains that most doctors would ignore her tattoo. Writing on your body is not the same as a legally enforceable writing on paper to justify a doctor making such a decision during an emergency.  Such wishes need to be put in writing and witnessed. Otherwise, a health surrogate needs to be designated.

Our Florida elders are not the only ones who should be concerned about one of the most important decisions in life, healthcare. We all do. To iron out any possible confusion, it’s important to have a Living Will prepared. This legally enforceable document ensures that a person’s wishes surrounding life-prolonging procedures are fulfilled. You are the pilot of your own destiny. There is nothing more set in stone then seeking a well-qualified attorney to bind your wishes onto paper to guarantee they will be fully executed.

Whether you are seeking to draft a Living Will, HIPAA Release, Designation of Health Care Surrogate, or Durable Power of Attorney, it’s important to do it today. You never know when life might throw you in a situation where you actually undergo resuscitation. You might become incapacitated and unable to make decisions for yourself. Since your fate lies in your own hands you want to decide who can make medical decisions for you, who can view your medical records, and if you must be kept alive artificially.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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Celebrity Blunders in Estate Planning

Posted by on Sep 25, 2011 in estate planning, Legal News, Probate, tax, Trusts, Wills |

Did you know that U.S. Chief Justice Warren Burger typed up his own will with a total of about 175 words? His estate was forced to pay in federal estate tax, 25% of his $2 million assets. Leona Helmsley, “Queen of Mean” left her $12 million trust to care for Trouble, her beloved Maltese. Marlon Brando changed his will just 13 days before dying. Jimi Hendrix left an estate that was fought over more than thirty years after his death. Martin Luther King, Jr. never drafted a will.  You don’t need to join the ranks of the rich and famous to consider estate planning. What you do want to do is prevent leaving your legacy behind subject to estate battles. The great thing about public figures is that you can learn from their mistakes, especially when it comes to the intricate processes of planning your estate.

 

For one thing, don’t skip out on a will. A will grants you the right to appoint an executor, or personal representative to pass on your assets to the people you want your assets to go to. You can designate the right person to care for your minor children in the event you die. If you do not take the time to have a will drafted, state law, through the process of probate, will determine who gets your assets and who will be appointed guardian of your children. Rest assured, your wishes will never be fulfilled.

Save yourself the mistake in not seeking professional and valuable legal advice. You run the risk of encountering many problems in the legal system with do-it yourself wills that you may find online or from a print source. Don’t be the victim of bad advice that a stranger or even your best friend might give you.

When should you create your will and trust? The answer is now.  Don’t be your own worst enemy when it comes to time. Worst yet, don’t be your family’s own worst enemy. In the words of James Taylor, “Time will take your money, but money won’t buy time.” You want to be sure your assets are in the hands of a knowledgeable, well-experienced attorney you know you can trust to help you adequately prepare for your estate.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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How Technology is Transforming the Traditional Aspects of Death

Posted by on Sep 19, 2011 in estate planning, Legal News, Probate, Trusts, Wills |

Believe it or not, webcasting funerals is an emerging practice among Americans. The purpose is to unite aggrieved family members and friends during such tragic times. Those unable to attend or living abroad are enabled to participate in the process while watching a streaming video online while their loved ones are being memorialized . Technology even allows us to plot grave sites with GPS coordinates, embed videos into headstones, and show digital slideshows at funerals. While some may find this new wave of formalities as an excuse not to attend, it can not be disputed that our lives revolve around computers.

Technology not only affects how we react to death but also how we plan for it.  About 750 million people use facebook, more than 100 milion people have  paypal accounts, and 92 million households engage in online banking.  But what happens to these accounts when these owners die.  With the advent of digital estate planning, it is not unusual to consider digital assets when planning for your estate. It is important to make sure loved ones have access to your assets stored in some form of computer or electronic technology. For example, the tangible assets like your money stored in paypal, amazon, and ebay accounts.  Even assets not widely considered such as computer passwords, website domain names, and published ebooks. All this just reinforces how crucial it is to plan ahead.  Estate planning requires careful consideration, detail, and expertise to make sure all your assets get into the right hands- your loved ones. Digital or non-digital assets, you want to protect your family. Who knows, maybe one day you’ll be the star of your own digital slideshow and movie!

For more information on successful Florida estate planning and probate, please contact the South Florida law firm ofWild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world. Are you protected?

 

 

 

 

 

 

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